ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 1, 2008 No. 173

About approval Regulations on the tripartite commissions on regulation of the social and labor relations in the Republic of Tajikistan

According to Article 300 of the Labor code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve Regulations on the tripartite commissions on regulation of the social and labor relations in the Republic of Tajikistan it (is applied).

2. Declare invalid the Regulations on the tripartite commission on regulation of the social and labor relations in the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of December 21, 1994 No. 12 "About approval of the Regulations on procedure for preparation and the conclusion General and industry agreements in the Republic of Tajikistan and Regulations on the tripartite commission on regulation of the social and labor relations in the Republic of Tajikistan".

Approved by the order of the Government of the Republic of Tajikistan of April 1, 2008 No. 173

Regulations on the tripartite Commission on regulation of the social and labor relations in the Republic of Tajikistan

I. General provisions

1. This provision is developed according to the Law of the Republic of Tajikistan "About social partnership, agreements and collective agreements" and determines the purpose, method, procedure, competence and responsibility of the parties by regulation of the social and labor relations in the Republic of Tajikistan.

2. The tripartite (bilateral) commissions on regulation of the social and labor relations in the Republic of Tajikistan (further the Commission) are formed by the parties of social partnership for the purpose of protection of labor rights and social and economic interests of citizens of the Republic of Tajikistan.

II. Main objectives and tasks of the Commission

3. Main objectives of the Commission:

- during development of the main methods of regulation of the social and labor relations at the levels republican, territorial and industry to consider interests of governing bodies of the government, Federation of independent labor unions of Tajikistan and Merging of employers of the Republic of Tajikistan;

- by timely regulation of the social and labor relations to prevent emergence of employment disputes at the different levels;

- promote settlement of agreements of the social and labor relations.

4. Tasks of the Commission are:

- carrying out collective bargainings and preparation of drafts of general, industry and territorial agreements;

- ensuring equal cooperation between social partners during development of the basic principles of regulation is social - employment relationships at the republican, territorial and industry levels;

- control of the course of accomplishment general, industry and territorial agreements, permission of the disagreements which arose during their accomplishment and also settlement of industry agreements on which consent is not reached; development of social partnership at the republican, territorial and industry levels;

- permission of employment disputes (conflicts);

- carrying out preliminary tripartite (bilateral) consultations and discussion of projects of regulatory legal acts of the Republic of Tajikistan on social and labor questions;

- coordination of line items of the parties in the main directions of social policy;

- distribution of experience of social partnership, informing industry, territorial and other commissions on regulation of the social and labor relations on activities of the Commission;

- studying of the international experience of participation in actions, carried out with the relevant foreign organizations in the field of the social and labor relations and social partnership, carrying out within the Commission of consultation on the questions connected with ratification and application of the international labor standards.

III. Rights of the Commission

5. The commission has the right:

- exercise control over the implementation of conditions general, industry and territorial agreements state bodies, trade union representatives and employers;

- make offers on suspension or cancellation of action of decisions of state bodies, trade union association and employers, and also the companies, organizations and the organization, irrespective of the patterns of ownership connected with possibility of labor disputes;

- make offers on accountability of the officials and other persons who did not provide accomplishment of the reached agreements and decisions made in pursuance of these agreements which allowed violations of the current legislation of the Republic of Tajikistan of procedure for consideration of collective employment disputes;

- development and provision of offers on regulation of the social and labor relations to public authorities on regulatory legal acts of the Republic of Tajikistan;

- involve on permission of collective disputes (conflicts) of heads and employees of the ministries (departments), associations, corporations and other associations, the companies, bodies of labor unions, experts;

- obtain information on economic and social situation of regions, industries, associations, the companies, organizations and the organizations necessary for consideration of questions on permission of disagreements on general, to industry and territorial agreements and settlement of collective employment disputes (conflicts);

- send in accordance with the established procedure members of the commission and experts to associations, the companies, the organizations, the organizations located in the territory of the Republic of Tajikistan irrespective of patterns of ownership for acquaintance with labor and social and economic conditions of workers and other materials according to the legislation;

- participate in all-republican meetings, conferences, the congresses and seminars concerning the social and labor relations and social partnership.

6. Members of the commission are guided by this provision, have the right to address to state bodies, trade-union bodies, merging of employers (entrepreneurs) and to receive the written pertinent answer of the questions posed.

7. The commissions are developed and approve regulations corresponding tripartite (bilateral) the commissions on regulation of the social and labor relations.

IV. Procedure for creation and activities of the Commission

8. Representations of consolidation of employee representatives (labor unions), merging of employers and public authorities as a part of the parties of the Commission it is determined by each of them independently according to the legislation of the Republic of Tajikistan regulating their activities and charters of the corresponding associations.

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